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billing or charges to which Contractor is not contractually entitled, Contractor shall pay over to
<br />the City said sum within 20 days of receipt of a written demand unless otherwise agreed to
<br />by both parties in writing.
<br />ARTICLE 39. COMPLIANCE WITH LAWS, NONDISCRIMINATION, EQUAL
<br />EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT
<br />39.1 Contractor shall comply with all applicable laws, codes, ordinances, rules,
<br />regulations and resolutions and all applicable guidelines and standards in performing
<br />its duties, responsibilities, and obligations related to this Agreement, including specifically,
<br />but without limitation, where applicable, the Contract Work Hours and Safety- Standards
<br />Act, the Lead -Based Paint Poisoning Prevention Act and any other laws, ordinances and
<br />regulations made applicable to this Agreement by the Contract Documents or the source of
<br />funds.
<br />39.2 Contractor warrants and represents that it does not and will not engage in discriminatory
<br />practices and that there shall be no discrimination in connection with Contractors performance
<br />under this Agreement on account of race, color, sex, religion, age, handicap, marital status or
<br />national origin. Contractor further covenants that no otherwise qualified individual shall, solely
<br />by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be
<br />excluded from participation in, be denied services, or be subject to discrimination under any
<br />provision of this Agreement.
<br />39.3 Contractor shall affirmatively comply with all applicable provisions of the Americans
<br />with Disabilities Act (ADA) in the course of providing any services funded by the City,
<br />including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and
<br />all applicable regulations, guidelines, and standards. In addition, Contractor shall take
<br />affirmative steps to ensure nondiscrimination in employment against disabled persons.
<br />ARTICLE 40. INDEPENDENT CONTRACTOR
<br />Contractor is an independent contractor under this Agreement. Services provided by Contractor
<br />or on Contractor's behalf pursuant to this Agreement shall be subject to the supervision of
<br />Contractor. In providing such services, neither Contractor nor its agents shall act as officers,
<br />employees, or agents of the City. Contractor further understands that Florida Workers'
<br />Compensation benefits available to employees of the City are not available to Contractor, and
<br />agrees to provide workers' compensation insurance for any employee, or entity working for the
<br />Contractor rendering services to the City under this Agreement. This Agreement shall not
<br />constitute or make the parties a partnership or joint venture.
<br />ARTICLE 41. SUCCESSORS AND ASSIGNS
<br />41.1 The performance of this Agreement shall not be transferred, pledged, sold, delegated or
<br />assigned, in whole or in part, by the Contractor without the express written consent of the City. It
<br />is understood that a sale of the majority of the stock or partnership shares of the Contractor, a
<br />merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
<br />transactions that would constitute an assignment or sale hereunder requiring prior City
<br />approval.
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